There is an ongoing Home Office transition to eVisas, which means that people with a physical immigration document such as a Biometric Residence Permit (BRP) must apply for an eVisa before the end of 2024. Anyone with a BRP having an expiration date of 31 December 2024 and whose UK visa is valid beyond that date will need to apply. BRP holders will need to register for a UK Visas and Immigration (UKVI) account. The eVisa is the online record of the immigration status contained in the UKVI account.
In relation to right-to-work checks on employees with a BRP short-dated to 31 December 2024, the new guidance confirms the following:
- Online check. Where an employer has carried out an online right-to-work check on a BRP, they will have seen the expiration date of the visa itself, rather than the short-dated 31 December 2024 BRP expiration date. In this situation, no immediate action is required. The usual repeat check can be made before the visa expires.
- Manual original document check. Before April 6, 2022, employers could carry out a manual right-to-work check on an original BRP. Where the employer has carried out such a check and recorded 31 December 2024 as the right-to-work expiration date, the guidance says that a "follow-up check"—an online right-to-work check—will be required before the end of the year.
Repeat Right-to-Work Checks Not Required on Employees With Pre-Settled Status
A 2023 High Court judgment covered issues relating to EU citizens who have applied for the EU Settlement Scheme for pre-settled status (when they have not yet lived in the UK for five years) or settled status (when they have been living in the UK for five years). The judgment established that, in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their right to residency if they fail to make a settled status application before the expiration of their pre-settled status.
As a result of the judgment, the Home Office guidance on right-to-work checks was finally updated as follows:
- No right-to-work expiration date for holders of pre-settled status. Employees with pre-settled status are no longer considered to have an expiration date for their right to work.
No repeat right-to-work checks. Employers do not need to carry out a repeat right-to-work check on employees with pre-settled status. This puts them in the same position as employees with settled status and means employers only need to check the employee's right to work once—before the employment starts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
